Disenfranchisement News: Civil Rights Commission Reports CAll for Reform

Disenfranchisement News From The Sentencing Project

Tennessee and Florida are two of eleven states that restrict people with felony convictions from voting even after they have served their prison sentence and are no longer on probation or parole. In both states, voting rights may only be restored through an individual petition or application. The Florida and Tennessee State Advisory Committees (SAC) each recently prepared reports on felony disenfranchisement to the U.S. Commission on Civil Rights.

Florida

In 2007, former Republican Governor— and the current Democratic candidate for Governor— Charlie Crist revised Florida’s Rules of Executive Clemency to automatically restore voting rights for most people convicted of non-violent offenses. Under the revised rules, almost 25,000 people were granted clemency in 2009. “This is four times the number of persons receiving clemency in that year than the average number of clemencies on an annual basis since the mid-1990s,” reported the SAC.

However, in 2011 Florida’s new Governor—and the current Republican incumbent— Rick Scott amended the 2007 clemency rules so that the Clemency Board must again review all cases of voter restoration individually. The 2011 rules also added additional paperwork for each case, regardless of the level of offense.  At the time of this change, there were more than 95,000 cases pending review for automatic restoration.

The Florida SAC says bringing back the 2007 clemency rules would allow people who have made full restitution to participate in the democratic process, as well as assist in the successful reintegration into society.

Tennessee

Tennessee has some of the most complicated disenfranchisement laws in the nation. Due to a series of amendments over the past 30 years, restoration of voting rights depends upon the year a person was convicted as well as the type of offense. In 2006, new legislation was passed that greatly streamlined the process, allowing most people upon completion of their felony sentence to apply for a “certificate of restoration” from the Board of Probation and Parole. The ACLU of Tennessee noted in the SAC report though, that the burdensome multi-step paperwork and the requirement to pay all court-ordered restitution and child support fees before applying may deter many people from seeking restoration.

The Tennessee SAC recommends the General Assembly and the Governor look to states with less restrictive felony disenfranchisement laws, and remove any unnecessary barriers to restoring voting rights in order to promote successful reintegration back into society.

California

‘Let me Vote’ campaign spreads voting rights awareness

The ACLU of San Diego and Imperial Counties recently teamed up with local hip hop artists to promote their ‘Let me Vote’ campaign to debunk the myth that if you’ve been to jail or prison you can’t vote. California’s new prison realignment policy, which shifts many people convicted of low-level felonies from overcrowded state prisons to local jails, has added to the confusion of who can and cannot vote.

Under realignment, individuals finishing their sentences in county jails report to county probation officers instead of state parole officers. This arrangement is called post -release community supervision (PRCS) instead of probation, and advocates view this as an “innovative community-based alternative” to parole. Current California law allows people convicted of a felony to vote after they have completed their prison sentence and any supervision required after they have been released. Individuals still on probation are allowed to vote. However, Secretary of State Debra Bowen issued a memo earlier this year saying individuals whose state sentences moved to county probation could still not vote. In May, a Superior Court ruled Bowen’s interpretation of the realignment act as unconstitutional, and the state is currently appealing the court’s decision.

As it stands now, people convicted of a felony must complete whichever form of post-prison supervision a judge assigns before they can vote.

Florida

Candidate forced to withdraw due to prior felony conviction

Candidate for Dania Beach commissioner, James Ridgely III, was forced to withdraw from the race due to a 1989 drug trafficking conviction. People convicted of a felony in Florida cannot vote, serve on a jury, or hold public office until their civil rights have been restored. According to the SunSentinel, Ridgely has been voting since 1996 and mistakenly thought his civil rights had been restored after he submitted an application in 2012 to the state’s Office of Executive Clemency. Nova Southeastern University law professor, Bob Jarvis, says people can wait as long as five years before a decision is made on rights restoration.

It’s too late to remove Ridgely’s name from the ballot, but officials say any votes cast for him will not be counted.

Michigan

NAACP brings voting booths to county jails

Detroit’s NAACP branch recently organized a registration drive in three county jails, registering 360 people to vote behind bars. Michigan law prohibits individuals convicted and serving time from voting, but those awaiting trial are still eligible to vote. However, state law requires first time voters to cast their ballots in person rather than absentee. Therefore Simone Lightfoot, Voter Empowerment Coordinator for the NAACP Detroit Branch, is bringing Detroit election officials into the jails to oversee voting. Eligible voters will be able to vote in a private area, with deputies present. Wayne County sheriff Benny Napoleon says, “Getting them to vote shows them that they have a vested interest in the process and that their say counts.”

Mississippi

Slim chance of reform during an election year

Despite ACLU lawsuits and other efforts to reform Mississippi’s disenfranchisement laws, Sid Salter of The Clarion-Ledger reports that the chance of doing so any time soon is “slim to none.” In Mississippi, people with felony convictions who have finished their sentences may only regain the right to vote by executive pardon or by convincing a state legislator to personally author a bill restoring their individual voting rights. That bill then has to pass both houses of the Mississippi Legislature.

In a speech at Georgetown University Law Center earlier this year, U.S. Attorney General Eric Holder said states in the post Reconstruction era used felony disenfranchisement laws as a strategic way to restrict African Americans from voting. According to The Sentencing Project, felony disenfranchisement affects approximately 182,000 Mississippians; of that total nearly 60% are African American. Salter reports that most Mississippians “aren’t bothered by the Reconstruction-era laws and believe that they still represent part of the punishment for crime.” So far, the Republican controlled Mississippi Legislature has expressed no interest in taking up the issue of disenfranchisement rights restoration, especially during an election year.

Ohio

Judge orders voting access for people jailed the weekend before an election

U.S. District Court Judge S. Arthur Spiegel recently ruled that county election officials must allow eligible voters who are jailed the weekend before an election to vote via absentee ballot. Prior to this ruling, anyone could request an absentee ballot until the Friday before Election Day. But for people jailed in the final three days before an election, absentee voting was not permitted. In the 2012 election, this policy resulted in at least 400 voters being prohibited from voting.

Wyoming

New bill to cut wait time for voting rights restoration

As noted in The Washington Post, the Wyoming Joint Judiciary Committee recently approved a bill that would make it easier for people with felony convictions to regain their right to vote. Currently, individuals convicted of a non-violent first-time felony must wait five years after completing their sentence before they can apply for voting rights restoration. If passed, the new bill will get rid of the five year waiting period and help streamline the process for people convicted of certain non-violent offenses. According to the Casper Star Tribune, the bill requires the corrections department to issue certificates to people who are eligible to vote, but after January 1, 2016, the process will become automatic. The full legislature will consider the bill early next year.

National

Felony Disenfranchisement Infographic

As the 2014 midterm elections approach, an estimated 5.85 million Americans will be unable to exercise their voting rights due to a current or previous felony conviction. Disenfranchisement policies have potentially affected the outcomes of previous U.S. elections, particularly as disenfranchisement laws disproportionately impact communities of color, leaving one in every 13 black adults voiceless in the electoral process. The Sentencing Project’s new infographic highlights rates of disenfranchisement for the total U.S. population and for African Americans in key states, including 11 states with competitive Senate races this November.

Click here for more information on felony disenfranchisement and the 2014 midterm elections.